Terms & Conditions
- 1. Eligibility to Use Website. You are eligible to use the Website if you are at least 18 years old, authorized by the person, entity or corporation you represent to use the Website including making purchases of our Product and agree to be bound to these Terms.
If you do not agree to these Terms, you may not use the Website or purchase Products through the Website.
- Content and Intellectual Property Rights.
- The Website and its entire Contents are owned by Discover Night, LLC (“NIGHT,” “our,” “us,” or “we”) or one or more third party licensors and protected by U.S. and international copyright laws. “Content” means all features and functionality of the Website, the design, selection and arrangement of the Website, know-how, text, data, software, images, scoring, video and audio available through use of the Website, alterations, modifications and derivatives thereof and all moral, proprietary and intellectual property rights therein. You may use the Content and the Website only as expressly permitted by these Terms. You will not use any trademarks, service marks, names, logos or other identifiers of NIGHT without our prior written permission. All rights not expressly granted in these Terms are reserved to NIGHT. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms. Unauthorized use of the Website or Content may result in civil or criminal liability.
- Using the Website.
(a) Browsing. You are invited to read the Content on the Website to learn about who we are and our Products for free and for your non-commercial, personal purposes. We encourage you to invite and point others to the Website including, by linking to the Website, provided that you do so in a way that is fair and legal and does not damage our reputation, and provided further, that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Content may not be used for any other purpose without our express written permission.
(b) Purchasing Products. You may purchase Products through our authorized resellers, online through our Website, by calling us or by sending us your purchase order. All purchases are governed by these Terms. “Products” means all goods we sell regardless if it is posted on the Website. Permission is granted to electronically copy and print hard copy unrestricted portions of the Contents of the Website (along with all proprietary and copyright notices) for the sole purpose of purchasing Products.
(i) Creating Your Account. To purchase our Products online through our Website, you may submit your order as a Guest or may create an account.
- As a Guest, you will provide your first name, last name, email address and phone number to NIGHT.
- To create an account, you will provide the same information as a Guest and you will choose a User ID and unique password.
(ii) Your Account Information. You promise that all the information you provide to create your Account or to purchase Products is accurate and truthful. You agree to maintain the accuracy of your Account Information and to answer any questions we may ask of you to verify your identity.
(iii) Safeguarding Your Account. You are solely responsible for maintaining the confidentiality of your User ID and password and accept all liability for all damages resulting from the unauthorized use of your Account. NIGHT has no liability for the unauthorized use of your Account. If you suspect or discover any unauthorized use of your Account or the security of your Account has been compromised, notify NIGHT immediately by contacting us at firstname.lastname@example.org. You agree to assist, at your sole cost and expense, in the investigation and remediation and required notice or reporting of all such incidents. NIGHT has no liability for the unauthorized use of your account.
(iv) Terminating Your Account. You may submit a request to terminate your Account by contacting us email@example.com. This will not automatically delete all of Your Material you have posted information you have provided to us. We will retain certain information as required by law or as necessary for our business purposes. These Terms, including our rights to User Content, survive termination of these Terms for any reason.
(v) Payment. You may pay for the Products (and all related charges) online, by check or electronic transfer. Payment of the purchase price (and all other related charges) for the Products are due and payable, in full, without set-off, deduction or refund, before the Products are scheduled for shipment unless we first agree to alternative payment terms and/or return and refund rights in writing and except as permitted by our Return Policies posted here. Online payments are processed through our third-party payment processor identified at the time of checkout. NIGHT may make adjustments to your payment or assist with responding to queries regarding online payments but NIGHT is not responsible or liable for the services performed by the third-party payment processor.
(vi) Shipment/Delivery. We will pack and ship the Products to you in accordance with our standard practices and deliver the Products: (A) within the United States, FOB Destination (Incoterms 2020) so risk of loss and title pass to you on delivery at the destination stated in your order; and (B) outside of the United States, FCA (Incoterms 2020) so title and risk of loss pass to you once we deliver the Products to the carrier and you are responsible for complying with all applicable export and import laws and regulations. All additional charges for shipment, insurance, duties, taxes and other fees will be applied to your account. Delivery dates are not guaranteed and supply of Products is subject to availability so we are not liable or responsible for delayed shipments. We will provide you with tracking information. We may assist with claims for damage or lost Products so please contact us at: firstname.lastname@example.org within 48 hours of delivery time.
(vi) Order Administration. NIGHT, in its sole discretion, reserves the right to change, reject or cancel any orders to purchase Products before shipment, suspend shipment of Products in transit or to limit or cancel quantities purchased for any reason without liability. If your credit card has already been charged for the purchase and your order is cancelled, a credit to your credit card account in the amount of the price will be issued.
- Other Restrictions on Use. You promise you will not, and will not permit anyone else, to use the Website except as expressly allowed by these Terms to:
- copy, use, modify, adapt, alter, translate, or create derivative works or distribute Content;
- remove or obscure any proprietary notices on the Website or Services;
- use, or permit use of, the Website or Content, in violation of any applicable law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, privacy, or false advertising), in a manner other than as provided for by these Terms, that is unlawful, tortious, infringing, defamatory, libelous, immoral, pornographic, obscene, vulgar, threatening, harassing, abusive, hateful, or harmful, contains any viruses, Trojan horses, worms, time bombs, cancel bots, or deleterious computer code, files, scripts, agents, or program that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (“Malware”), that contains any incomplete, false, inaccurate, or misleading information or that constitutes unauthorized or unsolicited advertising, junk or bulk email;
- harvest, collect, gather or assemble information or data regarding third parties using the Website; or,
- interfere with, burden, or disrupt the integrity or performance of the Website or Content, or interfere with another's use and enjoyment of the Website including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.
- Mobile Message Service Terms and Conditions
The Discover Night mobile message service (the "Service") is operated by Discover Night LLC (“Discover Night”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Discover Night via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (855) 335-2037to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Discover Night mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 335-2037 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- LIMITED PRODUCT WARRANTIES AND RETURN POLICIES.
(a) THE LIMITED PRODUCT WARRANTIES. Discover Night, LLC (“NIGHT”) offers, during the applicable warranty period, the following Limited Product Warranties for Products to the original purchaser who purchased the Product directly from NIGHT or through any NIGHT authorized reseller:
(i) All Bed Pillows: Beginning on day number 102 immediately following the expiration of the Return Policy and running through the third anniversary of date your Pillow was ordered, NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Pillows excluding Pillowcases and Travel Pillows. This means NIGHT warrants the Pillow against defects in material and workmanship as originally packaged and delivered to you (“Defects”) when the Pillow is used normally as intended and in accordance with the applicable posted Care instructions, other instructions provided with the Pillow and common sense.
(ii) All NIGHT Silk and Satin Products Excluding Face Masks/Face Coverings: NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Silk and Satin Products (for example, Bed Pillow Pillowcases and Scrunchies) excluding Face Masks/Face Coverings and Travel Pillowcases. This means that, for 3 years from the date these Products are ordered, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all posted Care instructions, other instructions provided with the Product and common sense.
(iii) All NIGHT Creams and Topical Products: NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Creams and Topical Products including the Golden Silk Sheet Mask. This means that, for 30 days from the date these Products are ordered or purchased, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all instructions and common sense.
(iv) All NIGHT Face Masks/Face Coverings: Warning: The Face Masks/Face Coverings are not medical-grade. These Products are ear loop face masks/face coverings. These Products are not a respirator and will not guarantee protection against COVID-19 (Coronavirus) or other viruses or contaminants.
The NIGHT Face Masks/Face Coverings are FINAL SALE and cannot be exchanged, returned or refunded. Due to the nature of face masks/face coverings, refunds may be authorized only if the Product has a Defect.
(v) All Other NIGHT Products: NIGHT offers a LIMITED PRODUCT WARRANTY for all other Products not listed above in this Section 4, for example: The Travel Pillow and its Pillowcase, NIGHT Pillow Compression Case and Eye Masks. This means that, for 30 days from the date any of these Products are ordered or purchased, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all instructions and common sense.
(b) TO WHOM THE LIMITED PRODUCT WARRANTIES APPLY. The Limited Product Warranties apply only, during the applicable warranty period, to the first purchaser of the Product who purchased the Product directly from Discover NIGHT or a Discover NIGHT authorized retailer. Warranties are not transferable or assignable.
(c) WHAT THIS LIMITED PRODUCT WARRANTIES COVER. The Limited Product Warranties apply to Defects due to faulty workmanship or materials for Products only sold by a NIGHT authorized retailer or purchased directly from NIGHT excluding:
As to NIGHT Bed Pillows and Travel Pillow:
- Normal increases in softening and settling of materials or any other normal wear and tear.
- Comfort preference.
- Damage to the NIGHT Pillow caused by misuse, abuse or failure to follow Care instructions, for example: burns, cuts, tears, liquid damage or stains.
All NIGHT Silk and Satin Products, Travel Pillow, NIGHT Pillow Compression Case and Eye Masks Excluding Face Masks/Face Coverings:
- Comfort or color preference.
- Damage to the Product caused by misuse, abuse or failure to follow use and/or Care instructions, for example: burns, cuts, tears, liquid damage or stains.
- All NIGHT Creams and Topical Products: Products used contrary to instructions.
(d) RETURN POLICIES AND YOUR RESPONSIBILITIES.
Can be found at https://discovernight.com/pages/no-strings-attached.
- Warranty Disclaimer.
- The Website may not include Content pertaining to all Products sold by NIGHT. In addition, Content posted on the Website may differ from the actual Product delivered to you. For example, actual prices may differ from amounts charged or be changed; Products may be changed, unavailable or discontinued; posted information or depictions of Products may not be accurate, complete or current. As such, the Website should not be relied on solely in making your buying decision.
(c) As-Is. Except as expressly stated in Discover NIGHT’s “No Strings Attached” Policy, Limited Product Warranties and Return Policies and to the fullest extent permissible pursuant to applicable law, NIGHT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement. NIGHT does not WARRANT THE Products or the quality of any Products will meet your needs or expectations or Defects will be corrected Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
(d) Remedy. As your sole remedy for our breach of this Warranty, we may replace Products not materially conforming to our specifications when used in accordance with our instructions and common sense in accordance with and subject to Section 4, “No Strings Attached” Policy, Limited Product Warranties and Return Policies, unless your NIGHT quotation or order states the Products are non-returnable and/or the purchase price is nonrefundable.
7 Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS expressly stated in Discover NIGHT’s “No Strings Attached” Policy, Limited Product Warranties and Return Policies, IN NO EVENT WILL DISCOVER NIGHT, ITS MANAGERS, officers, directors, employees, contractors, licensors, suppliers, successor AND assigns, BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS, FOR MATTERS BEYOND THEIR REASONABLE CONTROL OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR USE OF THE PRODUCTS BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF NIGHT HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NIGHT’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
- Indemnification. You agree to defend, indemnify and hold NIGHT, its officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless against all losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your negligence, breach of these Terms or violation of any applicable law including, by way of example, export/import and privacy laws and regulations.
- Term; Termination. These Terms are effective on the date you first use the Website for any purpose and may be terminated by NIGHT without notice, at any time, for any reason and without liability. Your right to access and use the Website and Content immediately terminates without further notice upon your breach of these Terms. Violation of these Terms may result in criminal and civil liability. NIGHT may suspend or terminate your right to use the Website or Content at any time, with or without cause. NIGHT reserves the right to discontinue or make changes to the Site at any time. Sections 2, 3(b)(iii) through (v), 4 – 7, 9 and 10 survive termination of these Terms for any reason.
- General Provisions.
(b) Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NIGHT without restriction.
(d) Governing Law, Attorneys Fees and Compliance. These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law provisions. The prevailing party in any action relating to these Terms is entitled to recover its reasonable attorneys’ fees and costs. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NIGHT products) shall be in the state or federal courts located in North Carolina, United States. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NIGHT products) must be commenced within one (1) year after the claim or cause of action arises. NIGHT' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NIGHT may assign its rights and duties under this Agreement to any party at any time without notice to you.
(e) Arbitration. In the event a dispute arises between you and NIGHT arising out of this “No Strings Attached” Policy, Limited Product Warranties and Return Policies, such dispute will be determined and settled by binding arbitration conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.
You must seek arbitration for disputes arising out of this No Strings Attached” Policy, Limited Product Warranties and Return Policies prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in Durham, North Carolina.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. The parties will designate one arbitrator who will serve as the sole arbitrator. If the parties are unable to agree, then JAMS will appoint the arbitrator who has industry knowledge and experience. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. The prevailing party is entitled to an award of its reasonable attorneys’ fees and all costs.
(f) Independent Contractors. The parties are independent contractors, joint ventures or partners of each other and not the employer, employee, agent or representative of the other party.
(g) English Language. The English version of these Terms governs. All communication, disputes, claims and causes of action (and related proceedings) will be conducted in the English language.
(h) Changes to These Terms. If we make a material change to these Terms, we will post a notice of those changes on our Website and may notify you by email (sent to the email address specified in your Account) prior to the change becoming effective. You are bound by changes to these Terms when you use the Website and/or purchase Products after those changes have been posted. We encourage you to periodically review this page for the latest version of these Terms.
(i) Contact Us. If you have any questions or concerns about these Terms, the Website, the Products or your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your Personal Information, please contact us at firstname.lastname@example.org or email@example.com or 119 W. Main St, #300, Durham, North Carolina 27701, Telephone number: 1.888.825.6282.